Results

Our cases with real results

Maximizing Compensation in Birth Injury Claims

The recovery of financial compensation is the end result of a successful
birth injury or medical malpractice case, helping injured patients and
families who have lost loved ones begin the process of rebuilding. It
also serves to bring at-fault parties to justice for their negligence
or wrongdoing. At the Law Firm of Michael H. Bereston, we are proud of
the results we have been able to achieve through our 30 years in practice.
We have recovered a number of multi-million-dollar settlements for our
clients, including over $20 million recovered over 3 recent birth injury
cases, and $2.5 million in a recent medical malpractice case. Continue
reading to review our case results, or call our offices at (410) 220-6581
to discuss your unique claim.

These cases required a detailed investigation and review by experts in
collaboration with Mr. Bereston and his staff. The outcomes of these cases
involve confidential settlements which prevent disclosure of the identity
of the parties and publication of the monetary amount.

Special Needs Trust

All of our birth injury recoveries result in the formation of a court-approved
special needs trust with a trustee assigned to protect the net assets
recovered on behalf of the disabled child. The trust is solely for the
benefit of the injured baby and provides protection for the baby’s funds.

Confidential Settlement

Premature birth can lead to cerebral palsy in an infant. In this case,
to start labor, the obstetrician intentionally ruptured the membranes
(broke the water) of our pregnant mom, who was not in labor and carrying
a baby that was still premature. All healthcare providers know that delivering
babies before Mom’s due date is not recommended unless there is
a health related emergency. The doctor was leaving for vacation and wanted
to deliver the baby before leaving. The mom trusted the doctor’s
recommendation and the doctor broke mom’s water. Mom delivered a
premature baby and the baby developed cerebral palsy from being born early.
This firm represented the baby and obtained a settlement to aid in the
future care of the baby.

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Confidential Settlement

Birth Injury

Premature Rupture of Membranes Leads to Umbilical Cord Occlusion and Lack
of Oxygen to Baby

The umbilical cord carries oxygen and nutrients from the placenta to the
baby during pregnancy. In this case, the amniotic sac (bag of waters)
broke prematurely and continued to leak until there was no fluid left
(oligohydramnios). The amniotic sac (bag of waters) helps to keep the
umbilical cord from kinking by allowing it to float in the fluid. Once
the bag of waters is broken, and the fluid leaks out, the umbilical cord
can no longer float freely. When the bag of waters breaks prematurely,
healthcare providers must remain vigilant to assure the umbilical cord
is not kinked as the fluid continues to leak. When the healthcare providers
did not respond to no fluid and a kinked umbilical cord, this prevented
the umbilical cord from providing oxygen and nutrients to the baby which
caused cerebral palsy in the baby. After extensive litigation, Mr. Bereston
and his staff obtained a settlement for this family to meet the child’s
future lifetime needs.

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Confidential Settlement

When the placenta is not positioned right in mom it can create a dangerous
life-threatening condition for both mom and baby. In this case, the mother
presented to the hospital bleeding profusely because of the placement
of her placenta (placenta previa). Both the mother and the baby almost
died from extensive blood loss because the obstetrician and nurses failed
to transfer mom and baby in time to prevent harm from the severe blood
loss. The baby suffered from lack of oxygen as a result of mom’s
severe blood loss and has been diagnosed with cerebral palsy. Mr. Bereston
and his staff fought for this mom and baby successfully obtaining a settlement
that provides needed resources to take care of the child for the rest
of his life.

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Confidential Settlement

Birth Injury

Lack of Fetal Monitoring of a Breech Infant with Ruptured Bag of Waters
Leads to Cerebral Palsy

In this case, our mom was admitted into labor and delivery with several
conditions requiring a higher level of care. Most babies are delivered
vaginally and are cephalic or vertex (head first). Babies who are breech
(butt first or feet first) have added risks due to their malpositioning
in the birth canal. Mom’s amniotic sac (bag of waters) was ruptured
and her baby was in a breech position. The hospital had a policy in place
requiring fetal monitoring and a higher level of care due to the added
risk factors of breech baby and ruptured bag of waters. However, limited
fetal monitoring was done and the mother was not kept in labor and delivery
but was instead moved to a lower care level unit. Unfortunately, because
there was no continuous fetal monitoring, the struggling and suffering
of this baby from lack of oxygen went unnoticed and untreated until the
baby was already injured. This little girl has been diagnosed with cerebral
palsy, cannot walk or talk, and has a feeding tube. Mr. Bereston and his
staff recovered sufficient funds for this family to take care of baby’s
needs for life.

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Confidential Settlement

Birth Injury

Induction of Labor, Pitocin Overdose Results in Cerebral Palsy

When contractions last too long, are too close together and/or too strong
(known as hyperstimulation or tachysystole), it can prevent the baby from
receiving adequate oxygen. In this case, the doctor overstimulated mom’s
labor with a medicine, Pitocin, preventing the baby from receiving adequate
oxygen. Labor induction is an artificial start of contractions via mechanical
or medication methods. Pitocin is a medication frequently used to induce
or augment labor. There are risks associated with the use of Pitocin including
overstimulating the uterus resulting in contractions that are too long,
too close together and too strong. Contractions such as these do not allow
time for the baby to receive all the oxygen and nutrients it requires.
In this case, the healthcare providers continued to increase the Pitocin
to dangerous levels resulting in a lack of oxygen to the baby. Sadly,
the baby was born with severe breathing problems due to the lack of oxygen.
Total body cooling was done in an attempt to lessen the damage done to
her brain. Unfortunately, the damage was overwhelming and the baby was
diagnosed with cerebral palsy. Mr. Bereston and his team of legal and
medical experts secured a settlement to assure this family, a lifetime
of benefits for the child.

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Confidential Settlement

Birth Injury

Midwife Delivery Resulting in Severe Traumatic Birth Injury to Baby

High risk pregnancies require an obstetrician or a maternal fetal medicine
physician. In this case, a mother with a high risk pregnancy was treated
only by midwives, residents and students upon her arrival to the hospital
and during the delivery of the baby. The midwife missed the signs of distress
during labor and delivery. The medical experts determined that a cesarean
section should have been done instead of the disastrous vaginal delivery
that ended in severe traumatic birth injuries to the baby. The baby required
admission to the Neonatal Intensive Care Unit (NICU) where he remained
for months. On behalf of this family, sufficient resources were recovered
to provide care for this baby for the rest of his life.

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Confidential Settlement

Birth Injury

Experimental Drugs Given Without Consent Causes Brain Injury to Baby

Giving experimental drugs without a patient’s consent is not proper.
In this case, the mother had a condition known as pre-eclampsia which
placed both the mom and baby at risk for seizures. Rather than give the
most successful and commonly used drug to prevent seizures from pre-eclampsia,
the hospital used an experimental drug without telling the mom or obtaining
consent to give the experimental drug. The baby experienced a complete
loss of oxygen (asphyxia) during labor in response to the experimental
drug and suffered a significant brain injury. Mr. Bereston and his staff
obtained a settlement which will provide for this child’s lifetime
of special needs.

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Confidential Settlement

What happens when a baby is too big to be safely delivered vaginally? In
this case, we represented a baby girl who was too big for her mother’s
birth canal. Instead of delivering the baby by cesarean section, the obstetrician
gave medication to induce labor. The baby experienced fetal distress and
suffered a lack of oxygen. The baby’s head was severely bruised
and misshapen due to the attempt at fitting through the birth canal. The
trauma to the baby’s head along with the lack of oxygen led to a
severe brain injury in the baby. The baby was subsequently diagnosed with
cerebral palsy and could not walk or talk and required a feeding tube.
Mr. Bereston and his staff secured a financial recovery to take care of
the baby’s future lifetime needs.

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Confidential Settlement

Birth Injury

Inadequate Resuscitation Results in Brain Injured Baby

Some babies require resuscitation at the time of birth. If this resuscitation
is not performed adequately, a baby can suffer from irreversible brain
damage. In this case, Mr. Bereston and his team of experts reviewed all
aspects of the care provided to this mother and baby and found that the
resuscitation of the baby was not done properly. Another law firm had
reviewed this case and could not determine the cause of the brain injury.
When Mr. Bereston and his team conducted their own investigation, it was
clear the brain injury of the baby was caused by inadequate resuscitation.
This baby was diagnosed with cerebral palsy and is unable to walk or talk.
The baby is fed by a feeding tube. A substantial recovery was made on
the family’s behalf to secure the baby’s future lifetime needs.

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* The Law Firm of Michael H. Bereston, Inc.’s main office is located
in Annapolis, Maryland and is licensed in Maryland and the District of
Columbia. The Law Firm of Michael H. Bereston, Inc. practices nationwide
on a pro hac vice basis.